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Westm 1. cap. 48. A writ of dower vnde nihil habet, shall not abate though she haue receiued part of her dower before the writ purchased, vnlesse it were of the same par∣tie against whom the writ is brought, and in the same Towne.
A writ of dower lyeth against gardein * 1.1 by knight seruice, though he be not tenant of the freehold.
A praecipe in capite is a praecipe quod red∣dat, for the meere right: and therefore lieth * 1.2 onely for Tenant in fee simple of lands holden in Chiefe.
Br. pr••••. qd rodd. 35
Fit. Nat. Br. 5. f.